Reuters reports a three-judge panel again decided in Nintendo’s favour, for two reasons. First, it said the Wiimote doesn’t infringe on Motiva’s patents.

Secondly, it suggested that Motiva was not interested in making product based on its patents, but chasing damages or a settlement, since Motiva’s case didn;t take account of the substantial financial investment Nintendo made bringing the product to market.

The decision against Motiva LLC, which sued Nintendo in 2008, could make it harder for U.S. companies to halt imports of products that allegedly infringe patents on grounds they want to establish a “domestic industry” for similar products.

“There is simply no reasonable likelihood that, after successful litigation against Nintendo, Motiva’s patented technology would have been licensed by partners who would have incorporated it,” circuit dudge Sharon Prost wrote.